Special investigation services

Special investigation services

Special investigation services are engaged in, for example, the fight against:

• fraud and money laundering;
• human trafficking;
• illegal trading in animals;
• environmental crime.

They do this on the instructions of the National Office for Serious Fraud, Environmental Crime and Asset Confiscation, which is part of the Public Prosecution Service. The personal data processing by the special investigation services falls under the Wpg.

There are 4 special investigation services in the Netherlands:

1. Fiscal Intelligence and Investigation Service (Dutch abbreviation: FIOD), which falls under the Ministry of Finance;
2. Netherlands Labour Authority, which falls under the Ministry of Social Affairs and Employment;
3. Intelligence and Investigation Service of the Netherlands Food and Consumer Product Safety Authority , which falls under the Ministry of Economic Affairs and Climate Policy;
4. Intelligence and Investigation Service of the Human Environment and Transport Inspectorate , which falls under the Ministry of Infrastructure and Water Management.

The ministry under which these investigation services fall is responsible for the processing of personal data.

The Royal Netherlands Marechaussee

The Royal Netherlands Marechaussee falls under the Ministry of Defence. The Royal Netherlands Marechaussee performs a number of police duties. Such as:

• ensuring the security of the members of the Dutch Royal House;
• security on airports;
• combating human trafficking;
• combating fraud with travel and indentity documents;
• internal supervision of foreign nationals;
• border control.

The first 4 duties fall under the Wpg. Internal supervision of foreign nationals and border control fall under the GDPR.

National Police Internal Investigations Department

The National Police Internal Investigations Department (Dutch: Rijksrecherche) guards the integrity of the Dutch government. To this end, the National Police Internal Investigations Department investigates criminal offences on the instructions of the Board of Procurators General. For example, (suspected) punishable behaviour by government officials. This falls under the Wpg.

Special investigating officers

Special investigating officers may be charged with investigating certain criminal offences. For example, in the area of public transport, the environment or education. These investigative activities fall under the Wpg. Special investigating officers also have supervisory tasks. These supervisory tasks fall under the GDPR.

Special investigating officers may be employed by the government. Such as special investigating officers who work at the Customs or at Staatsbosbeheer, the National Forest Service in the Netherlands. Special investigating officers may also be employed by private organisations. For example, the Dutch Railways or Natuurmonumenten, the Society for the Preservation of Nature in the Netherlands. 

Access to personal data by the employer

When special investigating officers carry out investigative tasks, every individual special investigating officer is charged with the investigation. This investigation is carried out under the authority of the public prosecutor. However, special investigating officers process the police data under the management of their employer.

This makes the employer the controller. This means that the employer has access to the data that special investigating officers process for their investigative tasks. Because the employer is responsible for the supervision of compliance with the Wpg.

Wpg audit obligation for special investigating officers

Employers of special investigating officers are obliged to conduct Wpg audits.